Tex.
Code of Crim. Proc. Article 42A.655
Ability to Pay
(a)
The court shall consider the defendant’s ability to pay before ordering the defendant to make any payments under this chapter.(b)
Notwithstanding any other law and subject to Subsection (c), the court shall consider whether the defendant has sufficient resources or income to make any payments under this chapter, excluding restitution but including any fee, fine, reimbursement cost, court cost, rehabilitation cost, program cost, service cost, counseling cost, ignition interlock cost, assessment cost, testing cost, education cost, treatment cost, payment required under Article 42A.652 (Monthly Reimbursement Fee), or any other payment or cost authorized or required under this chapter. The court shall consider under this subsection whether a defendant has sufficient resources or income:(1)
before or immediately after placing the defendant on community supervision, including deferred adjudication community supervision; and(2)
during the period of community supervision, before or immediately after the court orders or requires the defendant to make any payments under this chapter.(c)
Subsection (b) does not apply to consideration of a defendant’s ability to pay restitution.(d)
Notwithstanding any other law, if a defendant is ordered to make a payment included under Subsection (b), the court shall reconsider whether the defendant has sufficient resources or income to make the payment at any hearing held under Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing)(d).(e)
A defendant who is ordered to make a payment included under Subsection (b) may, at any time during the defendant’s period of community supervision, including deferred adjudication community supervision, but not more than once in any six-month period unless the defendant shows a substantial and compelling reason for making an additional request during that period, file a written statement with the clerk of the court requesting reconsideration of the defendant’s ability to make the payment and requesting that the payment be satisfied by an alternative method provided under Subsection (f). On receipt of the statement, the court shall consider whether the defendant’s financial status or required payments have changed in such a way that the defendant’s ability to make a payment previously ordered by the court is substantially hindered. If after conducting a review under this subsection the court finds that the defendant’s ability to make a payment previously ordered by the court is substantially hindered, the court shall determine whether all or a portion of the payment should be satisfied by an alternative method provided under Subsection (f). The court shall notify the defendant and the attorney representing the state of the court’s decision regarding whether to allow all or a portion of the payment to be satisfied by an alternative method.(f)
Notwithstanding any other law, if the court determines under this article at any time during a defendant’s period of community supervision, including deferred adjudication community supervision, that the defendant does not have sufficient resources or income to make a payment included under Subsection (b), the court shall determine whether all or a portion of the payment should be:(1)
required to be paid at a later date or in a specified portion at designated intervals;(2)
waived completely or partially under Article 43.091 or 45.0491;(3)
discharged by performing community service under Article 42A.304 (Community Service) or 45.049, as applicable; or(4)
satisfied through any combination of methods under Subdivisions (1)-(3).(f)
Notwithstanding any other law, if the court determines under this article at any time during a defendant’s period of community supervision, including deferred adjudication community supervision, that the defendant does not have sufficient resources or income to make a payment included under Subsection (b), the court shall determine whether all or a portion of the payment should be:(1)
required to be paid at a later date or in a specified portion at designated intervals;(2)
waived completely or partially under Article 43.091 or 45A.257 (Waiver of Payment of Fines and Costs);(3)
discharged by performing community service under Article 42A.304 (Community Service) or 45A.254 (Community Service to Satisfy Fines or Costs), as applicable; or(4)
satisfied through any combination of methods under Subdivisions (1)-(3).(g)
In making a determination under Subsection (f), a court may waive completely or partially a payment required under Article 42A.652 (Monthly Reimbursement Fee) only if, after waiving all other applicable payments included under Subsection (b), the court determines that the defendant does not have sufficient resources or income to make the payment.(h)
The Office of Court Administration of the Texas Judicial System shall adopt a standardized form that a defendant may use to make a request under Subsection (e) for the reconsideration of the defendant’s ability to pay. The form must include:(1)
detailed and clear instructions for how to fill out the form and submit a request to the court; and(2)
the following statement at the top of the form, in bold type and in any language in which the form is produced:(i)
A supervision officer or the court shall promptly provide a defendant a copy of the form adopted under Subsection (h) on the defendant’s request for the form.(j)
This subsection applies only to a defendant whose payments are wholly or partly waived under this article. At any time during the defendant’s period of community supervision, including deferred adjudication community supervision, the court, on the court’s own motion or by motion of the attorney representing the state, may reconsider the waiver of the payment. After providing written notice to the defendant and an opportunity for the defendant to present information relevant to the defendant’s ability to pay, the court may order the defendant to pay all or part of the waived amount of the payment only if the court determines that the defendant has sufficient resources or income to pay the amount.
Source:
Article 42A.655 — Ability to Pay, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.655 (accessed Jun. 5, 2024).
